In this post, Attorney Jacob Sapochnick Esq, will explain the process of obtaining a green card based adjustment of status utilizing ShowMe drawing technology.
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An immigrant who is married to a U.S. citizen becomes what is called an “immediate relative” in USCIS terminology. There are no limits on the number of immediate relatives who are allowed to apply for permanent residence (a green card) each year. The only waiting period is the time it takes for the paperwork to be processed by the U.S. government. But this is where things can get complicated.
Even if the immigrant is currently in the United States, he or she cannot count on being able to apply from within the U.S., through the process known as “adjustment of status.” Instead, the immigrant may have to leave the U.S. and apply for the green card overseas, through what’s called “consular processing.”
There are many benefits to staying in the U.S. during the entire green card application process. With adjustment of status, the couple won’t be separated, and the immigrant will receive a work permit once the application is pending at USCIS. The U.S. spouse, who must attend the interview, can provide moral support, and be on hand to answer any questions about his or her capacity as a financial sponsor. And, the couple can bring an attorney along; especially useful if there are any complications in the case, such as a criminal conviction.
The key to whether someone can adjust status is, in most cases, whether he or she entered the United States legally or illegally.